m.a.c.t.

Sarvesh Kumar Sharma Advocate (Querist) 28 September 2009 This query is : Resolved
car's driver make accident by a tree to save a cow,and he become injurd ,can he file m.a.c.t. case ?

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adv. rajeev ( rajoo ) (Expert) 28 September 2009
IT is my opinion that he cannot file a claim petition before the MACT. Jurisdiction lies with Workmen Compensation tribunal, because accident is happened during the course of employment.

A. A. JOSE (Expert) 28 September 2009
I am of the view that the driver has the option of availing either of the two remedies. viz. M.A.C.T or the W.C

PJANARDHANA REDDY (Expert) 28 September 2009
HE CAN APPROACH BOTH FORUMS

Raj Kumar Makkad (Expert) 28 September 2009
No person can file any case against himself. In MACT Cases, the driver of the offending vehicle, who drove his vehicle negligently and rashly and caused the accident in question as first party (respondent)and in the present matter, the driver was himself was driving the vehicle, how can he pray to MACT to award compensation in his favour against himself? There is no scope for filing claim petition by him before MACT and the only option available for him is to approach workman compensation Commissioner seeking his claim.

vinjamuri ranga babu (Expert) 28 September 2009
hi,
yes, he can file case against the insurance company of the car.
vr

Sarvesh Kumar Sharma Advocate (Querist) 28 September 2009
jose sir plz. will u give me the ruling regarding yr advise!

adv. rajeev ( rajoo ) (Expert) 29 September 2009
DEar Sarvesh,
Bose is right driver can avail either of the two remedies.
If policy cover the accidental risk of the driver, then he can file the claim petition before MACT.
In case WC policy some times covers employees.
In my opinin before filing the case go thru., the policy/.

joyce (Expert) 29 September 2009
learned collegue Rajeev opinion is correct. Thanx to Rajeev favoring the author.

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